BILL NUMBER: AB 2629	CHAPTERED  09/30/00

	CHAPTER   976
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Cox

                        FEBRUARY 25, 2000

   An act to amend Sections 6716, 6775, 8710, and 8780 of, and to add
Sections 6749 and 8759 to, the Business and Professions Code,
relating to professional engineers and land surveyors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2629, Cox.  Professional engineers and surveyors.
   The Professional Engineers Act and the Professional Land Surveyors'
Act provide for the licensing and regulation of engineers and land
surveyors, respectively, by the Board for Professional Engineers and
Land Surveyors and authorize the board to discipline professional
engineers and licensed land surveyors.  Under existing law, a
violation of the regulatory provisions of those acts is a
misdemeanor.
   This bill would revise the provisions relating to reproving,
revoking, or suspending a professional engineers' certificate or
licensed land surveyor's license.  The bill would also require, with
certain exceptions, that professional engineering services and land
surveying services be undertaken only after the execution of a
written contract, which includes a contract in electronic form,
containing specified terms and conditions.
   Because a violation of the bill's provisions requiring a specified
written contract and providing for rules and regulations of
professional conduct would create a new crime, this bill would impose
a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6716 of the Business and Professions Code is
amended to read:
   6716.  (a) The board may adopt rules and regulations consistent
with law and necessary to govern its action.  These rules and
regulations shall be adopted in accordance with the provisions of the
Administrative Procedure Act.
   (b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law.  The
rules and regulations may include definitions of incompetence and
negligence.  Every person who holds a license or certificate issued
by the board pursuant to this chapter shall be governed by these
rules and regulations.
   (c) The board shall hold at least two regular meetings each year.
Special meetings shall be held at such times as the board rules
provide.  A majority of the board constitutes a quorum.  Except as
otherwise provided by law, the vote required for any action of the
board is a majority of the members present, but not less than five.

  SEC. 2.  Section 6749 is added to the Business and Professions
Code, to read:
   6749.  (a) A professional engineer shall use a written contract
when contracting to provide professional engineering services to a
client pursuant to this chapter.  The written contract shall be
executed by the professional engineer and the client, or his or her
representative, prior to the professional engineer commencing work,
unless the client knowingly states in writing that work may be
commenced before the contract is executed.  The written contract
shall include, but not be limited to, all of the following:
   (1) A description of the services to be provided to the client by
the professional engineer.
   (2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
   (3) The name, address, and license or certificate number of the
professional engineer, and the name and address of the client.
   (4) A description of the procedure that the professional engineer
and the client will use to accommodate additional services.
   (5) A description of the procedure to be used by any party to
terminate the contract.
   (b) This section shall not apply to any of the following:
   (1) Professional engineering services rendered by a professional
engineer for which the client will not pay compensation.
   (2) A professional engineer who has a current or prior contractual
relationship with the client to provide engineering services, and
that client has paid the professional engineer all of the fees that
are due under the contract.
   (3) If the client knowingly states in writing after full
disclosure of this section that a contract which complies with the
requirements of this section is not required.
   (4) Professional engineering services rendered by a professional
engineer to any of the following:
   (A) A professional engineer licensed or registered under this
chapter.
   (B) A land surveyor licensed under Chapter 15 (commencing with
Section 8700).
   (C) An architect licensed under Chapter 3 (commencing with Section
5500).
   (D) A contractor licensed under Chapter 9 (commencing with Section
7000).
   (E) A geologist or a geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
   (F) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with or incidental to the products, systems,
or services of that corporation or its affiliates.
   (G) A public agency.
   (c) "Written contract" as used in this section includes a contract
that is in electronic form.
  SEC. 3.  Section 6775 of the Business and Professions Code is
amended to read:
   6775.  The board may receive and investigate complaints against
registered professional engineers, and make findings thereon.
   By a majority vote, the board may reprove, suspend for a period
not to exceed two years, or revoke the certificate of any
professional engineer registered under this chapter:
   (a) Who has been convicted of a crime substantially related to the
qualifications, functions and duties of a registered professional
engineer, in which case the certified record of conviction shall be
conclusive evidence thereof.
   (b) Who has been found guilty by the board of any deceit,
misrepresentation, or fraud in his or her practice.
   (c) Who has been found guilty by the board of negligence or
incompetence in his or her practice.
   (d) Who has been found guilty by the board of any breach or
violation of a contract to provide professional engineering services.

   (e) Who has been found guilty of any fraud or deceit in obtaining
his or her certificate.
   (f) Who aids or abets any person in the violation of any provision
of this chapter.
   (g) Who in the course of the practice of professional engineering
has been found guilty by the board of having violated a rule or
regulation of unprofessional conduct adopted by the board.
   (h) Who violates any provision of this chapter.
  SEC. 4.  Section 8710 of the Business and Professions Code is
amended to read:
   8710.  (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
   (b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law.  The
rules and regulations may include definitions of incompetence and
negligence.  Every person who holds a license or certificate issued
by the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
   (c) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board shall be limited to only those
unresolved issues identified by the Joint Legislative Sunset Review
Committee.
  SEC. 5.  Section 8759 is added to the Business and Professions
Code, to read:
   8759.  (a) A licensed land surveyor or registered civil engineer
authorized to practice land surveying shall use a written contract
when contracting to provide professional services to a client
pursuant to this chapter.  The written contract shall be executed by
the licensed land surveyor or registered civil engineer and the
client, or his or her representative, prior to the licensed land
surveyor or registered civil engineer commencing work, unless the
client knowingly states in writing that work may be commenced before
the contract is executed.  The written contract shall include, but
not be limited to, all of the following:
   (1) A description of the services to be provided to the client by
the licensed land surveyor or registered civil engineer.
   (2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
   (3) The name, address, and license or certificate number of the
licensed land surveyor or registered civil engineer, and the name and
address of the client.
   (4) A description of the procedure that the licensed land surveyor
or registered civil engineer and the client will use to accommodate
additional services.
   (5) A description of the procedure to be used by any party to
terminate the contract.
   (b) This section shall not apply to any of the following:
   (1) Professional land surveying services rendered by a licensed
land surveyor or registered civil engineer for which the client will
not pay compensation.
   (2) A licensed land surveyor or registered civil engineer who has
a current or prior contractual relationship with the client to
provide professional services pursuant to this chapter, and that
client has paid the surveyor or engineer all of the fees that are due
under the contract.
   (3) If the client knowingly states in writing after full
disclosure of this section that a contract which complies with the
requirements of this section is not required.
   (4) Professional services rendered by a licensed land surveyor or
a registered civil engineer to any of the following:
   (A) A professional engineer licensed or registered under Chapter 7
(commencing with Section 6700).
   (B) A land surveyor licensed under this chapter.
   (C) An architect licensed under Chapter 3 (commencing with Section
5500).
   (D) A contractor licensed under Chapter 9 (commencing with Section
7000).
   (E) A geologist or a geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
   (F) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with or incidental to the products, systems,
or services of that corporation or its affiliates.
   (G) A public agency.
   (c) "Written contract" as used in this section includes a contract
that is in electronic form.
  SEC. 6.  Section 8780 of the Business and Professions Code is
amended to read:
   8780.  The board may receive and investigate complaints against
licensed land surveyors and registered civil engineers, and make
findings thereon.
   By a majority vote, the board may reprove, suspend for a period
not to exceed two years, or revoke the license or certificate of any
licensed land surveyor or registered civil engineer, respectively,
licensed under this chapter or registered under the provisions of
Chapter 7 (commencing with Section 6700), whom it finds to be guilty
of:
   (a) Any fraud, deceit, or misrepresentation in his or her practice
of land surveying.
   (b) Any negligence or incompetence in his or her practice of land
surveying.
   (c) Any fraud or deceit in obtaining his or her license.
   (d) Any violation of any provision of this chapter or of any other
law relating to or involving the practice of land surveying.
   (e) Any conviction of a crime substantially related to the
qualifications, functions, and duties of a land surveyor. The record
of the conviction shall be conclusive evidence thereof.
   (f) Aiding or abetting any person in the violation of any
provision of this chapter.
   (g) A breach or violation of a contract to provide land surveying
services.
   (h) A violation in the course of the practice of land surveying of
a rule or regulation of unprofessional conduct adopted by the board.

  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
